A charge of first-degree murder requires premeditation. Florida’s law charging first degree murder for causing a death by overdose does not. It relies on assumptions and entirely negates the user’s responsibility. The law was intended as a deterrent. But in Florida, overdose deaths have increased sixfold in 25 years. The law beings neither deterrence nor justice in a crisis that will not be solved by sending people to prison for life.
Eighth Amendment
Florida Supreme Court Lets Stand Lower Court Ruling on Granting Early Release to Some Sex Offenders
After hearing arguments last year, the Florida Supreme Court on Thursday said it would not rule in a dispute about whether a man convicted of attempted sexual battery on a child is eligible to be considered for early release from prison.
Florida Kills Loran Cole, Inmate with Parkinson’s, Over FSU Student’s Murder
More than 30 years after he murdered a Florida State University student who was on a camping trip in the Ocala National Forest, Loran Cole was executed by lethal injection Thursday evening at Florida State Prison. Cole, 57, was pronounced dead at 6:15 p.m. and became the first inmate executed in Florida this year. He could be seen breathing heavily and briefly trembling after the lethal-injection process started at 6 p.m. but did not move after 6:06 p.m.
DeSantis Signs Ninth Death Warrant: Loran Cole, 57, for 1994 Murder of Florida State Student John Edwards
Gov. Ron DeSantis on Monday signed a death warrant for an inmate convicted in the 1994 murder of a Florida State University student who went to the Ocala National Forest to camp with his sister. Loran Cole, 57, is scheduled to be executed Aug. 29 at Florida State Prison.
The Solution to Homelessness Is Not Criminalization. It’s Housing.
With half of all renter households now spending more than 30 percent of their income on housing, millions are one emergency away from homelessness. Punishing people for our country’s failure to ensure adequate housing for all is inherently “cruel and unusual.” Widespread homelessness directly violates the human right to housing under international law, which must be recognized in the United States.
For the Homeless, ‘Stay Awake or Be Arrested’
In a 6-3 decision written by Justice Neil Gorsuch, the Supreme Court rejected the claim that criminalizing sleeping in public by those with nowhere to go violates the Constitution’s prohibition on cruel and unusual punishment. The decision, disappointing but not surprising, will not lead to any reduction in homelessness, and will certainly result in more litigation.
When Is Punishment Enough for a Predator? A Child Rapist Makes His Case to End Probation, and Loses.
Lawrence William Morton, formerly of Flagler Beach, served 20 years in prison and five on probation for sex crimes against six minors. He appeared before a judge Monday, seeking to end his probation five years early, as the law allows, arguing that he’s been a model probationer. The judge denied the motion in a case broadly illustrative of recurring requests by sex offenders and predators, and dilemmas faced by the court and prosecutors.
Defense Files Motion to Dismiss Manslaughter Charge Against Migrant in Arrest Followed by Deputy’s Heart Attack
Two weeks after all but accusing the St. Johns County Sheriff’s Office of fabricating parts of the account surrounding the arrest of 18-year-old Virgilio Aguilar Mendez, the migrant’s defense attorney has filed a motion to dismiss the manslaughter count against him, calling it “legally insufficient” and arguing that there’s no connection between Mendez and what led to the death of Sheriff’s deputy Michael Kunovich of a heart attack after the arrest.
An Interview with Acclaimed Civil Rights Attorney and Equal Justice Initiative Founder Bryan Stevenson
Bryan Stevenson is the founder of the Equal Justice Initiative, a legal clinic in Montgomery, Ala., that’s made strides on prisoners’ behalf, and the National Memorial for Peace and Justice, a six-acre remembrance space highlighting the racial terrorism campaign that saw the lynching of over 6,500 victims, including women and children. In a wide-ranging interview, he reflects on the state of race in America and how honest accounts of history can help overcome resistance to progress.
Palm Coast’s Jessy Gilbreath, 28, Arrested for Raping Autistic Child, 12, in His Charge
Jessy Kalany Gilbreath, a 28-year-old resident of 45 Eton Lane, Side B, in Palm Coast, faces a capital felony charge of child rape. Though it’s the first such charge for a Flagler County suspect since the Legislature in its last term revived a law making an individual convicted of raping a child younger than 12 eligible for the death penalty, that does not apply in this case because the capital offense did not take place after Oct. 1, as did other alleged offenses.
